Resolution-PC 2006-49~ ~
' ' RESOLUTION NO. PC2006-49
A RESOLUTION OF THE'ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2006-04687 BE GRANTED
(529 SOUTH WEST STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in the City of Anaheim, Counry of Orange, State of California described as
PARC~L 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. 0000565 EVIDENCED
' BY DOCUMENT RECORDED MAY 9, 2005 AS INSTRUMENT NO. 354050 OF
OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City ofAnaheim on May 31, 2006,' at 2:30 p.m., notice of said public hearing having been duly'given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60
"Procedures'; to hear and consider evidence for and against said proposed variance and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
~ and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
~1. That the applicant requests the following waiver to establish a 2-unit, 2-lot subdivision:
Section No. 18.04.060.010 Minimum lot depth and orientation adiacent to a freewav
(Minimum depth of'150 feet required adjacent to a freeway;
91-125 feet and zero-91.62 feet. proposed)
2. That the above-mentioned waiver is hereby granted on basis that,there are special '
circumstances applicable to the property because of the irregular triangular shape of the property which was
created by a freeway widening, which precludes the ability to provide therequired lot depth.
3. That the two properties directly to the north of the subject property which are rectangufarly :
shaped have a lot depth of 115 feet which does not comply with code and although those parcels do not
have the identical zoning as the proposed zoning for the parcel, they allow for similar residential land uses:
The closest property with the identical zoning to this parcel as proposed is to the south and also has a lot
depth less than that required by code. Therefore, strict application of the zoning code would deny this
property a right that is being enjoyed by other parcels that are adjacent to the freeway in the immediate
vicinity with the same or similar zoning.
~ 4. That the requested variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone, and denied to the property in
question.
5. That the requested variance will not be materially detrimental to the public health and safety
or injurious to the property or improvements in such vicinity and zone in which the property is located.
6. That 2 people indicated their presence at said public hearing in opposition; and that a letter '
was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal for waiver of lot depth and orientation adjacent to a freeway to
construct two single-family detached homes; and does hereby approve the Negative Declaration upon
finding that the declaration reflects the independent judgment of the lead agency and that it has considered
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the Negative Declaration together with anycomments received during the publicreview process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence that
the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subjecf Petition for.Variance, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That roll-up garage doors shall be shown on plans submitted #or building permits. Said doors shall be '
installed and maintained as shown on submitted plans.
2. That final landscape plans incorporating a layered landscape theme and clinging vines, shrubs and
groundcover atong any proposed wall and the existing sound wall shall be submitted to the Planning `
Services Division for review and approvalby the Planning Commission as a Reports and
Recommendation item.
, 3. That final building elevation plans incorporating recommendations from the Neighborhood Preservation
Office shall be submitted to the Planning Services Division for review and approval by the Planning
Commission as a Report and Recommendation item.
4. That all air-conditioning facilities and other roof- or ground-mounted equipment shall be properly
shielded from view and the sound buffered from adjacent residential properties Such information shall
be specifically shown on the plans submitted for building permits.
5. That all plumbing or other similar pipes and fixtures located on the exterior of the building'shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
6. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours#rom time
of occurrence.
7. That this Variance is granted subject to the approval of Reclassification No. 2006-00177 and
recordation of Tentative Parcel Map No. 2006-127, now pending.
8. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
9. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City departments.
10. That plans shall be submitted to the City Tra~c and Transportation Manager for review and approval of
wall and fence locations to determine conformance with Engineering Standard No. 115.
11. Prior to the issuance of grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero ,
discharge" areas, and conserving natural areas.
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• IncoKporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
12. Prior to issuance of certificate of occupancy, the appficant shalL•
• Demonstrate that all structural BMPs'described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
project WQMP.
• Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all strucfural
BMPs:
13. Prior to final building and zoning inspections, the developer shall remove the existing driveway
approaches and replace with curb, gutter, parkway landscaping and sidewalk. A Right-of-Way
Construction Permit needs to be obtained from the' Development Services Division.
14. That the devefoper shall submit a grading plan to the Public Works Department, Development Services
Division and post a bond to guarantee that the street improvements are constructed as approvedby
the City Engineer. The improvements must be constructed prior to final building and zoning
inspections.
15. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 15, as conditioned herein.
16. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 10 and 14, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
17. That prior to approval of a grading plan, Condition No. 11, above-mentioned, shall be complied with.
18. That prior to final building and zoning inspections, Condition Nos. 12, 13, 14 and 15, above-mentioned,
shall be complied with.
19. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement. -
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
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prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation ofi the approval of this application. ,
THE FOREGOING RESOLUTtON was adopted at the P{anning Commission meeting of
May 31, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
'the Anaheim Municipal Code pertaining to appea( procedures an replace a' Council
Resolution in the event of an appeaL ' ,~"'~
. _
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CHAIRM , ANAHEIM PLANNING COMMISSION _
ATTEST:
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SENIOR SECRETARY, ANAHEIM PCANNING COMMISSION
STATE OF CACIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on' May 31, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
' , 2006.
~
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SEN10R SECRETARY, ANAHEIM PLANNING COMMISSION